Start your membership account today...  Access to credit reports, 100's of rental specific forms, agreements, letters, checklists, how-to articles, guides, expert advice and much more!  Even a FREE, 3-day trial!

Not a Member?
Get a Free Trial Membership

  Get FREE Stuff! Run Credit Report Rental Forms  Shop & Buy Forms!  Advertise Your Rental Customer Care

Welcome to Landlord.com's Discussion Forum
Register Latest Topics
 
 
 


Reply
  Author   Comment  
westcoast

Registered:
Posts: 2
Reply with quote  #1 

 We rent a house. tenants have not pay rent in three month and move out without notice. Rent contract are month to month basis and no sublease/r rent. They move and rent it to someone else and colect the rent them and not paying us. Is the people live in the property consider tresspass and can we get police to remove them? I call the police to check out situasion and they did not do anythings about it. What if they were to get hurt we may end up with the bill. Can we remove these people off the property right away. Any advised would be great help. Thank folks


__________________
hodong
rkkeller

Registered:
Posts: 764
Reply with quote  #2 
Have you talked to the people living there and explained your the owner and what the other people are doing is illegal?

Tell them if they want to live there, they will have to fill out an application, give a deposit and sign a lease with you.  Else your going to have to evict them.

Then file a suit against your former tenants for back rent, fraud and whatever else you can.
westcoast

Registered:
Posts: 2
Reply with quote  #3 

thank for reply, Yeh, we want them out who ever living there. Dont trust them the way they were spoking. I was spoke to refer by consumer affair and told me to get The unlawfull detainer from stapple. i dont what that is. Do you know how long usually take to evict. Is it best to hire an attorney or this is something simples to do. Thk


__________________
hodong
rkkeller

Registered:
Posts: 764
Reply with quote  #4 
I think you should consider talking to a good eviction attorney.  It can be done yourself but these are not normal circumstances and maybe even illegal if they keep paying the former tenant and that former tenant never pays you.
michaez66

Registered:
Posts: 1
Reply with quote  #5 
My son and I are on a 1 year lease that has 4 months left on it. I don't live in the apt. I am a co-signer. There was an additional lessee, that has moved out. To help pay for the rent, my son let a guy move in. He in turn slowly moved his girl friend in. They had an argument and he moved out. My son is stuck with the girl, who hasn't paid him a dime in 2 months. She uses drugs and brings strangers into the apt. They have stolen his wallet, computer and other items. We've called the police about the thefts and drugs. They're response has been that it's a he said she said situation and that there's nothing they can do. She has been asked to leave but she refuses to do so. I'm hoping someone out there has some advice.
                                             Thanks, M. L.

OHlandlord

Registered:
Posts: 3,734
Reply with quote  #6 
You always have to account for the deposit.  It is never legal to have a tenant forfeit a deposit.

The tenant owed you 30 days of notice.  She is responsible for the notice period's rent.  She owes you rent for that 30 days of notice.  When she first moved out, that was your notice that she was leaving.   She owes rent for 30 days after she left.  If you rent the unit again within that period, she owes you rent prorated for the period up to re-renting. 

Calculate the rent owed, deduct it from the deposit, do an itemization explaining the deduction, and make a check out for the rest to whomever's name was on the lease.  If the daughter, the check is made to her.  If both, make it out to the daughter AND the mother.  Both will need to be present to cash it.  If no forwarding address, mail it to the rental address within the state's time limit.  If they forward their mail, they will get it.
OHlandlord

Registered:
Posts: 3,734
Reply with quote  #7 

Are you required to pay interest?  I thought IL law only required interest if you owned 25 or more units.  Check the statute before you bother calculating interest.

larrowsmith

Registered:
Posts: 1
Reply with quote  #8 

If a tenant signed a month to month lease but there money was returned because they said they were leaving and have stayed for two months, in Maine, can i change the locks and hold their stuff till I receive payment?  If not, what do I do?  Help

OHlandlord

Registered:
Posts: 3,734
Reply with quote  #9 
It is illegal to change the locks or to hold their things hostage.  Your only option is to serve the pay or quit notice (or the other appropriate notice for your state).  Then when the notice expires, you must go file to evict with the clerk of court.  Once they are evicted through the court, you ask for thr court to do a set out and they will physically remove the tenant from your premises.

Had you acted quickly, instead of waiting for 2 months and allowing them to acquire residency rights, you might have been able to have them escorted out by the police as trespassers.  You might have been able to immediately shut off the utilities since no one was scheduled to be living there.  You could have changed the locks then since it was not leased to anyone.  But once you allowed them to set up shop, you have to go through the legal process to get them out.  They have squattors rights.  Evict them.  If you don't know the proper steps, hire an attorney.
oddy1113

Registered:
Posts: 23
Reply with quote  #10 
Trespass is an area of tort law broadly divided into three groups trespass  the ancient legal doctrine of trespass to chattels .


famous people
Previous Topic | Next Topic
Print
Reply

Quick Navigation:

Easily create a Forum Website with Website Toolbox.

Apartment Finders > > Member Log-in > Free Trial Offer > Free E-newsletter > Customer Service > Get Free Stuff! > Run Credit Report > Rental Forms > Vacancy Center > Do-it-yourself > Evicting Your Tenant > Foreclosure Resources > Landlord Discussion Board > Income Tax Resources > Information Center > Join Landlord.com > Landlord Law > Library > Multi-family > Professional Advice > Rental & Property Mgmt > Rent Collection > Repair & Maintenance > Security Deposit > Software Center > Tenant Screening > Vacation Homes > What's New > Rental Agreements > Free Leases > Inside Our E-store > > Security Deposits > > Landlord Daily News > Rental Agreements >
LandscapingSanJose.net Resources: Cleaner Sunshine coast